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President William Ruto and Prof Makau Mutua. 
Caption for the landscape image:

Flip-flopper? Prof Mutua defends his criticism of Ruto

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President William Ruto and Prof Makau Mutua. 

Photo credit: PCS

Prof Makau Mutua – a longtime fierce critic of President William Ruto – now says his past attacks against the Head of State were driven by his desire for a better nation.

In an interview with the Nation, the law scholar said he has a long history of being critical of the ruling elite, citing his past criticism against former Presidents Uhuru Kenyatta, Mwai Kibaki, as well as Daniel Moi.

He made the remarks in his defense after accepting appointment by President Ruto as a Senior Advisor on Constitutional Affairs on Wednesday, April 30. The appointment has since elicited mixed reactions with some Kenyans questioning his stance after he had said in an opinion article that he cannot work for Dr Ruto.

In the article titled “Somebody thinks I can work for Ruto (excuse me while I laugh)” which was published on July 18, 2020, Prof Mutua described Dr Ruto, who was then Deputy President, as a politician who has always been on the wrong side of history.

He said Dr Ruto had no history of fighting for democracy or human rights, describing him as an ‘anti-reform, anti-democratic voice.’

“Mr Ruto and his brigand can take this to the nearest bank – no bona fide civil society organization, or self-respecting members, will touch Mr Ruto with a 10-foot pole. None. Whenever I hear the mention of Mr Ruto, or sense his proximity, I head in the opposite direction,” he said in the article.

But the new Prof Mutua has described the President as a ‘listening leader’, who needs more ‘good people’ around him to move the country forward.

He said it is humanly impossible not to have a different view of a person, explaining that some of his fiercest criticism of Dr Ruto were at the height of the 2022 presidential election when he was in the opposing camp in support of Orange Democratic Movement (ODM) leader Raila Odinga.

“We were in opposing political formations. You don’t expect people to say good things about their opponents,” said Prof Mutua.

“I have been a fierce critic of many leaders, not just President Ruto. I have been a fierce critic of the ruling elite. They are views driven by the desire for a better nation. It would not be humanly possible not to have a differ view of another person. Even at the family level, at times we have strong views against some of our family members, but it does not mean that they are entirely bad,” he told the Nation.

Makau Mutua

ODM leader Raila Odinga’s campaign spokesperson Makau Mutua. 

Photo credit: Dennis Onsongo | Nation Media Group

He expressed surprise at why some Kenyans were annoyed by his decision to accept the appointment. He said he has spent his entire life as a law scholar and could not think of a better time to serve the nation when the offer came.

“I’ve spent my entire life in the law at the highest levels, especially in the United States.  I can’t think of a better way to serve my native Kenya.  I am sure some of those upset would readily accept the appointment.  Chill, folks, and let those who are qualified serve the country.  I believe my expertise will be of good service to the President and the country,” he said.

He said his job would be to give the best advice to the President. This even as he revealed that he has had a candid decision with the President and realized that he was willing to take advice in his quest for a more prosperous nation.

“I would be very candid with him. One of the reasons why I took the job is because he has shown interest and willingness to listen to my advice. We have had a back and forth with him, and this was very important for me in taking up the job,” he explained.

He said he has since learnt that there are many good people in government, who require support by having more good people to join the Kenya Kwanza administration.

He described Kenya as an unfinished product, which is struggling with a trust deficit. He said with goodwill and the right people in positions of leadership, nation-building would be easy.


Prof Makau Mutua. He is actively considering running for president in the next General Election. FILE PHOTO | NATION MEDIA GROUP

Prof Mutua is the latest close ally of Mr Odinga to join Dr Ruto’s Kenya Kwanza administration following their political truce that was formalized through a Memorandum of Understanding (MoU) between ODM and Dr Ruto’s United Democratic Alliance (UDA).

Following the June 2024 nationwide Gen Z protests, President Ruto incorporated Mr Odinga’s allies in his Cabinet. The President appointed Mr Opiyo Wandayi (Energy), Mr John Mbadi (National Treasury), Mr Hassan Joho (Mining), Mr Wycliffe Oparanya (Cooperatives), and Ms Beatrice Askul (EAC).

Others appointed as the President’s advisers are Mr Jaoko Oburu, Mr Joe Ager, and Mr Sylvester Kasuku. Prof Adams Oloo was also picked as an adviser but resigned to take up a role in the selection panel to pick the new electoral commission.